Your Car Accident Attorney Can Help You Get The Settlement You Deserve

If you have sustained one or more injuries as the result of a car accident, you might be eligible to receive compensation by filing an insurance claim, as well as a personal injury lawsuit. For both types of claims, you can receive a favorable decision that helps you pay for the costs associated with medical treatments and the repairs done to property damage. However, your car accident lawyer also might be able to negotiate a settlement, which allows you to avoid the costly and time-consuming litigation process. A settlement pays for the same costs associated with a favorable legal judgment and an approved insurance claim.

How Should I Respond After a Car Accident?

How you react after a car accident determines the outcome of negotiations for a settlement. The key is to submit overwhelming evidence that another party caused the accident that led to the development of your injuries.

First, you should call 911 to activate the local emergency response teams, such as paramedics and law enforcement personnel. Unless you got involved in a minor fender bender, law enforcement personnel conduct an investigation that ends with the submission of the official police report. The official police report represents the most important type of evidence submitted to both insurance companies and the judge hearing a personal injury lawsuit that seeks monetary damages.

After the emergency response teams arrive at the scene of the car accident, receiving medical care is the next step on your to-do list. Even if you sustained what appears to be minor injuries, you should receive a thorough medical examination to ensure you have not sustained an injury that develops delayed symptoms, such as whiplash and/or a concussion. After receiving medical care, contact a state-licensed personal injury attorney who specializes in handling car accident cases. Your lawyer gathers additional physical evidence, as well as interviews witnesses to support your insurance and legal claims.

How Does My Car Accident Attorney Negotiate a Settlement?

Your car accident lawyer follows a few steps to reach a favorable settlement with another party after a car accident.

Calculate a Fair Compensation Value

Calculating a fair value for a car accident settlement involves factoring in both tangible and intangible costs. Tangible costs leave a paper trail, with documents verifying the costs associated with medical care and repairing property damages. Intangible expenses do not leave a paper trail, such as the costs associated with developing emotional trauma symptoms like Post-Traumatic Stress Disorder (PTSD). Also referred to as non-monetary damages, your car accident attorney calculates the fair value of intangible expenses by using a formula that factors in the costs associated with tangible expenses.

Send a Demand Letter

A demand letter is a formal document that initiates the negotiation process with an insurance company and the lawyer representing the other party. The demand letter includes a detailed description of the car accident, which includes a copy of the official police report and the physical evidence collected at the scene of the collision. It also should include witness statements and contact information. Another section of the demand letter explains how your attorney calculated the proposed settlement value.

Negotiations

After submitting the initial offer found in the demand letter, the other party can either accept or reject the proposed value for compensation. If the other party rejects the initial offer, you might receive a counteroffer or a request to move on to the next step in the claim process. For a civil lawsuit that requests monetary damages, the next step is to take your case to the trial phase of the litigation process. If an insurance company rejects a settlement offer, your attorney can file an appeal to receive compensation.

Top 5 Questions to Ask Your Truck Accident Attorney

If you sustained one or more injuries as the result of a truck accident, you should act with a sense of urgency by contacting an experienced truck accident lawyer to schedule a meeting to discuss your case. Most truck accident attorneys offer a free case evaluation for potential clients to discuss their cases. During the first meeting with a truck accident attorney, the lawyer reviews your case to determine what type of action to take, which can include filing a civil lawsuit that seeks monetary damages.

The attorney reads the official police report of your case, examines the physical evidence collected by the responding law enforcement agency, and interviews witnesses that describe what transpired before, during, and after the truck collision. You learn about how to file a persuasive insurance claim, as well as discuss the steps required to take legal action to recover the financial losses generated by the truck accident. Toward the end of the first meeting with a truck accident attorney, you get the opportunity to ask questions to help you decide whether the lawyer sitting across from you is the right one to handle your case.

What Type of Questions Should I Ask the Truck Accident Attorney?

The questions that you ask a truck accident lawyer can determine the direction you take for your case. You should ask questions that pertain to the attorney’s legal background, as well as clarify how the lawyer approaches handling truck accident cases that result in a victim sustaining one or more injuries. You also should ask questions that explain the legal process, as well as educate you on what you need to do to boosting the strength of your case.

Here are the top five questions to ask a truck accident attorney:

Do You Specialize in Handling Truck Accident Cases?

Personal injury lawyers typically specialize in one, maybe two areas of personal injury law. You want to determine whether the attorney sitting across from you specializes in handling truck accident cases. Truck accident laws vary from other types of personal injury cases such as medical malpractice and premises liability. Although case and truck accident cases share many similarities, there are enough legal differences to require a truck accident attorney to handle your case.

Do You Work on a Contingency Fee Basis?

Hiring a truck accident attorney can cost a considerable amount of money, especially if a lawyer charges clients for legal services by the hour. You want to hire an attorney who operates on a contingency fee basis, which means the lawyer gets paid when you receive compensation from an insurance company and/or a personal injury lawsuit that seeks monetary damages. Truck accident attorneys who charge on a contingency fee basis receive a percentage of a client’s compensation.

Will You Work on My Case from Start to Finish?

The truck accident attorney that you meet for an initial consultation might not be the same attorney who helps you file an insurance claim and/or a personal injury lawsuit. You want to avoid hiring a truck accident lawyer who meets with you for an initial consultation, only to delegate legal responsibilities to a paralegal or a less experienced litigator.

Do You Negotiate Settlements?

Your goal as a victim of a truck accident is to receive compensation in the least amount of time. You can accomplish this goal if your truck accident attorney is willing to negotiate a settlement with the insurance company processing your claim, as well as the defendant in a civil case.

How Much Time Do I Have to File a Personal Injury Lawsuit?

Each state has established a deadline to file a personal injury lawsuit. Although most states have set the statute of limitations to take legal action between two and four years, other states have set the deadline for filing a personal injury lawsuit as long as six years or as short as one year. Regardless of the statute of limitations established by the state where you live, you should act with a sense of urgency to recover your financial losses.

Can a Car Accident Attorney Help If I Was Charged With Road Rage?

Car accident attorneys provide several types of legal support for clients. They conduct thorough investigations that include gathering evidence and interviewing witnesses. Part of the evidence-gathering process involves reading the official police report, which represents the most influential document used by judges and insurance companies to issue decisions on financial claims. If you get involved in a car crash, a personal injury attorney who specializes in handling auto collision cases acts as an intermediary between you and the insurance adjuster processing your claim. You receive legal support during a civil trial, but your attorney should try to avoid a costly and time-consuming trial by trying to negotiate a settlement with the other party.

One cause of car accidents concerns the commission of one or more acts of road rage. If you sustained injuries and/or property damage as the result of road rage, you should contact an experienced and state-licensed car accident attorney. However, if you received a ticket or worse, a summons to appear in court because you committed one or more acts of road rage, then you should speak with a criminal defense lawyer. Although most states have not defined road rage as a specific crime, an act or acts of road rage that causes harm to another party might justify the filing of criminal charges such as attempted vehicular assault.

What Are the Most Common Types of Road Rage Behaviors?

A report released by AAA Exchange describes the different types of behavior that define road rage. One of the most common forms of road rage behavior is verbalizing anger while driving a motor vehicle. The verbalization of anger can consist of yelling, screaming, and/or cursing at another driver. Physical actions like banging on a dashboard and slamming the steering wheel constitute acts of road rage as well.

Another common type of road rage behavior can lead to another party sustaining one or more injuries and property damage. This type of road rage behavior involves an angry motorist who performs dangerous vehicle maneuvers, such as colliding with another car.

What are the Most Common Factors That Contribute to Road Rage?

The National Highway Traffic Safety Administration (NHTSA) states that a driver can develop anger for one of several reasons. First, a motorist who had a bad day can quickly turn volatile when confronted with traffic congestion. For every minute that passes while stuck in traffic, the festering anger becomes stronger. Second, drivers that have time issues can flip on the anger switch when they are delayed while operating a motor vehicle. Third, the veil of anonymity leads many motorists to believe they can get away with unacceptable behavior. Finally, selfishness plays a role in some drivers developing road rage behavior.

The Bottom Line: Road Rage Can Produce Serious Legal Consequences

Road rage charges can lead to legal consequences that can negatively impact you for years to come. This is especially true if you caused another party physical harm and/or damaged personal property. If you face one or more charges of road rage, as well as related criminal charges, act with a sense of urgency by contacting an experienced criminal defense attorney.

Rig Repair is Costly Unless You Have a Good a Truck Accident Attorney

If you are involved in a truck accident, the first item on your to-do list is to check on the health of everyone involved in the collision. If you sustained one or more injuries as the result of a truck accident, you should seek immediate medical care. If you do not act with a sense of urgency to receive medical care, you might have a difficult time getting an insurance claim approved, as well as winning a legal judgment that awards you compensation. Truck accidents typically require the presence of law enforcement personnel to conduct an investigation that leads to the submission of the official accident report.

Although the cost of medical bills can put you in a deep financial hole, the repairs to your rig can cost as much, if not more than medical expenses such as diagnostic tests, treatment programs, and physical therapy sessions. The Technology and Maintenance Council of the American Trucking Association reported that in the last quarter of 2021, the average cost of labor and parts for truck repairs climbed more than four percent. This means big rig repair is costly unless you have a good truck accident attorney on your side of a legal dispute.

Filing an Insurance Claim

You have two possible sources of compensation after a truck accident: Filing an insurance claim and a civil lawsuit that seeks monetary damages. Filing an insurance claim requires the legal support of a personal injury lawyer who specializes in handling truck accident cases. An attorney calculates a fair value for compensation, as well as acts as an intermediary between you and the insurance adjuster. Without the legal support of an experienced lawyer, the insurance adjuster might deny a valid claim or approve a claim for much less than what you deserve in compensation.

A truck accident attorney also closely monitors the progress of your claim to ensure the insurance adjuster processes it in a timely manner.

Types of Compensation for a Civil Lawsuit

Paying for the substantial costs associated with rig repair also can come from the monetary damages awarded by a judge hearing a personal injury lawsuit. Judges award economic damages to help plaintiffs pay for the costs associated with medical and truck repair bills. To receive compensation for rig repair, you must submit copies of repair bills for the judge to review.

You also might qualify for non-economic damages and punitive damages. Non-economic damages pay for the costs associated with pain and suffering, while punitive damages punish the defendant for committing one or more acts of negligence.

File a Personal Injury Lawsuit

Rig repair is costly if you do not file a civil lawsuit before the expiration of the statute of limitations. Each state has established a deadline for taking legal action, with most states setting the deadline between two and four years. Although you have plenty of time to take legal action, you should act with a sense of urgency for two important reasons. First, you must pay rig repair bills as they come due. Without receiving compensation from a favorable legal judgment, you can quickly fall into debt. Second, your truck accident attorney needs to interview witnesses as soon as possible after the collision. Witness accounts tend to lose credibility the longer they are given after a personal injury incident..

Will a Car Accident Attorney Handle a Boating Accident With Injuries?

You have sustained multiple injuries as the result of a boating accident. Rapidly mounting medical bills and costly boat repair receipts have put you in a deep financial hole. As you search for a personal injury attorney to help recover your financial losses, you discover that some car accident attorneys also practice personal injury law by representing clients involved in boating accident cases.

Will a car accident attorney handle a boating accident with injuries?

The question should not be “Will a car accident attorney handle a boating accident with injuries.” Instead, the question is “Is a car accident attorney qualified to represent me when filing a boating accident insurance claim, as well as a civil lawsuit that seeks monetary damages?”

Hiring a personal injury lawyer who specializes in handling boating accident cases is important for two reasons. First, your attorney must possess a deep understanding of the maritime and boat safety laws enacted by the state where you live. Each state enforces different maritime and boat safety laws. For example, although Texas and Florida share many of the same maritime and boat safety laws, each state has passed a few statutes that address different legal issues. Second, your attorney also must have in-depth knowledge of the type of boats that got involved in the boating accident.

You also should search for a personal injury lawyer who has compiled a proven record of success. Determine the success rate of filed insurance claims, as well as the number of favorable legal judgments that awarded compensation to clients. A car accident attorney who occasionally takes on a boating accident case is not a viable candidate to represent you when filing an insurance claim and/or a civil lawsuit that seeks monetary damages.

What Do Car Accident and Boating Accident Attorneys Share in Common?

Despite a few differences in knowledge requirements and case responsibilities, car accident and boating accident attorneys share several similar job duties.

Conduct a Thorough Investigation

Both car and boating accident attorneys conduct detailed investigations to determine the best course of action. Both types of cases require reading the official law enforcement agency report, which should include a description of what caused the accident. The most common causes of both car and boating accidents are distractions, reckless maneuvers, and operating under the influence of drugs and/or alcohol.

Both types of lawyers also gather physical evidence and interview witnesses.

Calculate a Fair Value for Compensation

Personal injury attorneys calculate a fair value for compensation by considering three types of compensation awarded for a civil case: Economic damages, non-economic damages, and punitive damages. Economic damages cover the costs associated with tangible expenses, such as medical bills and property repair receipts. Non-economic damages cover the costs associated with pain and suffering, which includes developing the symptoms of Post Traumatic Stress Disorder (PTSD). As a type of compensation that is not awarded to pay for a plaintiff’s expenses, punitive damages punish the defendant for committing one or more acts of negligence.

Prove Negligence

To prove another party committed at least one act of negligence for a boating accident, your attorney must prove the presence of four legal elements. Duty of care is a doctrine that holds all parties responsible for operating their boats safely. A breach of the duty of care doctrine represents one or more negligent acts committed by another party. Causation is an element that requires your personal injury lawyer to prove the boating accident caused your injuries. Finally, you have to prove you sustained financial losses as the result of the boating accident.

Can a Truck Accident Attorney Recover the Cost of Product Damages?

A commercial truck fully loaded with products can transport more than 80,000 pounds, which gives a standard four-door sedan weighing around 4,000 no chance to withstand the impact delivered by a commercial truck. Data released in 2019 by the National Highway Traffic Safety Administration (NHTSA) demonstrates how much carnage commercial trucks leave behind on our nation’s roads and highways. The NHTSA stated in the 2019 report that more than 5,000 motorists died as the result of a truck accident, with another 160,000 victims sustaining one or more serious injuries.

When you think about a truck accident, your thoughts probably immediately focus on the terrible losses suffered by the victims riding in a passenger car. However, truck drivers also sustain considerable losses as the result of accidents with passenger vehicles that can lead to substantial damage to products. For example, a truck carrying time-sensitive fruits and vegetables that gets sideswiped by a passenger vehicle can suffer tens, if not hundreds of thousands in financial losses. Do truck drivers have the same rights as other motorists when it comes to retaining a truck accident attorney?

The answer is yes. As a truck driver, you have the right to recover the financial losses associated with the cost of product damages by hiring an experienced truck accident attorney. A truck accident attorney conducts a thorough investigation that includes interviewing witnesses and gathering physical evidence. Your truck accident attorney also reviews the official police report to determine the cause of the accident, which can lead to the discovery another party committed one or more acts of negligence.

What Are the Three Types of Compensation Awarded for Truck Accident Cases?

To file a civil lawsuit that seeks monetary damages, your truck accident attorney must prove the presence of the four elements of negligence. Your lawyer must establish that the defendant owed you a duty of care and that the defendant breached the duty of care doctrine. The defendant must have committed one or more negligent acts that caused you to sustain an injury or injuries that resulted in financial losses.

Here are the three types of compensation awarded for truck accident cases.

Economic Damages

Economic damages, which also lawyers refer to as special compensatory damages, cover the tangible costs associated with a truck accident case. Most truck accident cases generate costly medical bills, as well as property damage such as the damage done to a motor vehicle. If you are a trucking company that suffered financial losses as the result of damaged products, you might be able to recover the financial losses by demonstrating another party committed at least one act of negligence. However, filing a civil lawsuit is not the only way to recover the financial losses associated with damaged products.

You also can file an insurance claim that requests compensation to cover the costs associated with replacing damaged products.

Non-Economic Damages

Non-economic damages do not come with a price tag, such as the compensation awarded to replace damaged products. Instead, non-economic damages cover the costs associated with pain and suffering, such as the development of emotional distress issues. Post-Traumatic Stress Disorder (PTSD) represents a common mental health condition that develops after a motor vehicle accident. A truck accident that causes product damage might negatively impact the driver who starts to fear getting behind the wheel of a big rig.

Punitive Damages

Judges do not award punitive damages to help plaintiffs cover the costs associated with economic and non-economic damages. Instead, judges award punitive damages to punish defendants for committing one or more acts of negligence. Judges also award punitive damages to deter defendants from committing the same acts of negligence in the future. If another party committed an intentional act of negligence that damaged your products, the judge hearing your case might award you a value for punitive damages that exceeds the combined value of economic and non-economic damages.

Will a Car Accident Attorney Dispute a Traffic Citation on My Behalf?

A law enforcement officer has pulled you over for speeding and the resulting ticket puts you precariously close to exceeding the number of points allowed per year for moving violations. Should you turn to a car accident attorney to dispute the traffic citation on your behalf?

The answer is no if you did not get involved in a vehicle collision. Car accident attorneys help clients recover the financial losses associated with getting involved in an auto crash. For a speeding ticket, you should contact a lawyer who specializes in helping clients beat traffic citations.

However, if you received a speeding ticket as part of a car accident investigation conducted by law enforcement personnel, hiring a car accident attorney can help you dispute the traffic ticket, which in turn strengthens an insurance claim and a civil lawsuit that seeks monetary damages.

What Does a Traffic Citation Means for a Car Accident Case?

Receiving a traffic ticket after an auto crash does not automatically make you guilty of causing the accident, but it does tip the scale of justice in the other motorist’s favor. The other driver’s attorney might try to hold you legally liable for causing the collision because you violated one or more traffic laws. Without a car accident attorney providing legal support, you have little, if any chance of getting an insurance claim approved or receiving a favorable legal judgment for compensation.

How Should I Contest a Traffic Violation?

The procedure for fighting a traffic citation differs from state to state. You should discover the procedure to follow in your state by reading the instructions printed on the back of the traffic ticket. Your car accident attorney can fight the traffic ticket in court, and if the police officer who issued the traffic citation does not show up in court, the judge hearing your case might dismiss it. Another way to fight a traffic citation received after an auto crash is to prove the traffic violation did not cause or contribute to the collision. If you live in a state that follows the comparative negligence doctrine, your attorney can argue that the other party should assume a percentage of the fault for causing the accident.

For example, let’s assume you received a speeding ticket after a car accident. However, the other driver also committed a traffic violation by sending a text message while operating a motor vehicle. The judge hearing your case might assign each of you 20 percent of the blame for causing the motor vehicle collision. If the judge awards you $50,000 in monetary damages, the net compensation received declines by 20 percent to $40,000.

What If My Traffic Citation Is Not Related to the Car Accident?

Government safety agencies enforce traffic laws with the intent to minimize the number of auto crashes. For instance, establishing speed limits gives motorists more time to react to changing road and traffic conditions. Speed limit laws also minimize the power of vehicle impacts. However, other types of traffic laws have nothing to do with preventing motor vehicle collisions. Maybe you committed an administrative violation by not getting your registration renewed before the deadline.

Any citations not related to a car accident should not be a factor considered by an insurance adjuster or a judge hearing a personal injury case.

The Bottom Line: A Traffic Citation Does Not End Your Quest for Compensation

Receiving a traffic citation after a car accident does not result in a determination of fault. If you got involved in a motor vehicle collision and then received a traffic ticket after the crash, you should act with a sense of urgency by contacting a state-licensed car accident attorney. Make sure you never admit guilt to any party, including the responding police officer and the insurance adjuster processing your claim.